BILL ANALYSIS                                                                                                                                                                                                    



                                                          SB 567
                                                          Page  1

Date of Hearing:   August 25, 1999

              ASSEMBLY COMMITTEE ON APPROPRIATIONS 
                    Carole Migden, Chairwoman

         SB 567 (Speier) - As Amended: August 19, 1999 

Policy Committee:                               
TransportationVote:14-4

Urgency:     No                   State Mandated Local  
Program:YesReimbursable:          Yes

  SUMMARY  :

  This bill  , starting January 1, 2001, expands the requirements  
and increases the penalties for violations of the state's child  
passenger restraint program.  Specifically,  this bill  : 

1)Requires children under the age of seven to be properly  
  restrained in a child passenger restraint system while a  
  passenger in a motor vehicle.  (Currently, children under the  
  age of 4 or under 40 pounds in weight must be properly  
  restrained in a carseat or other appropriate system.)

2)Increases, from $100 to $250, the fines for a second or  
  subsequent violation of this expanded child restraint law and  
  increases the fine for not properly restraining a child  
  between the ages of 7 and 15, from $50 to $100 for the first  
  offense and from $100 to $250 for subsequent offenses.

3)Allows the court to reduce or waive these initial fines if the  
  violator demonstrates to the court that he or she is  
  economically disadvantaged, has not had a prior conviction for  
  this violation within 36 months and the court refers the  
  violator to a community education program for proper child  
  restraint techniques and the violator participates subject to  
  specific exceptions.

4)Allocates all fine revenue to local health departments to help  
  fund these community education programs and low-cost restraint  
  systems(60%), local administration (25%), and 15% to the local  
  general fund.

5)Makes conviction a one-point violation of the driver's record  








                                                          SB 567
                                                          Page  2

  and requires the court to notify the DMV, but clarifies that  
  use of a seatbelt or lapbelt alone is allowed under specific  
  circumstances.

6)Modifies the notice that car rental companies are required to  
  provide those who rent cars, to reflect the expanded child  
  restraint requirements imposed by this bill

  FISCAL EFFECT  :

1)Negligible costs, if any, to the CHP and to local law  
  enforcement agencies to enforce the expanded child restraint  
  provisions; local costs are potentially offset by increased  
  penalty revenue.  (Motor Vehicle Account.)

 2) Increased penalty revenue to local agencies' enforcement  
   programs, local child restraint education programs, and local  
   general funds.

  COMMENTS :

  Rationale  . The author argues that the successful state program  
for properly restraining infants to four-year-olds (or children  
up to 40 pounds) should be expanded in an effort to make sure  
children up to seven years of age use a child restraint system  
while in a moving motor vehicle and that children up to 15 are  
properly restrained in seatbelt systems.  The bill also  
increases the fines associated with subsequent violations.  The  
author hopes that the increased fines act as a stronger  
deterrent against repeat offenses and provide greater revenue  
for community child passenger safety education programs and  
programs that provide low-cost carseats, booster seats and other  
restraint systems to low-income motorists.

  Analysis Prepared by  :    Steve Archibald / APPR. / (916)319-2081